2016-1 Compensation of Professionals
(a) Disclosure of Compensation of Debtor’s Counsel in Chapter 7 and Chapter 13 Cases. Debtor’s counsel in chapter 7 and chapter 13 cases must use NM LF 2030 to comply with § 329 and BR 2016(b).
(b) Disclosure of Compensation - Substituted Counsel. Substituted debtor’s counsel in all cases must file a Rule 2016 statement within fourteen (14) days of the date representation commenced.
(c) Applications for Compensation. Applications for interim or final compensation of professionals shall recite the number of the application (i.e., 1st, 2nd, 3rd and final) and be accompanied by detailed billing statements itemizing all services provided, the time spent on each service, the charge for the service, the identity and hourly rate of each service provider, all costs for which reimbursement is sought, and all taxes passed on to the debtor or estate. Applications shall list the total amounts of fees, costs, and taxes previously requested, awarded, or paid. Note: Recommended Local Form NM LF 2016-13(a) was created for compliance with this rule for use in chapter 7 and chapter 13 cases.
(d) Compensation of Subchapter V Trustees. Unless the court orders otherwise or the subchapter V trustee agrees to defer payment, the Debtor is authorized and directed to pay a subchapter V trustee, upon receipt of a monthly billing statement, 75% of billed fees and 100% of reimbursable costs and gross receipts tax. All interim payments, whether or not approved by interim court order, may be subject to disgorgement if the estate becomes administratively insolvent or if the payments exceed the amount finally allowed. All fees, costs, and gross receipts taxes are subject to court approval under Code §§ 328, 330 and 331. The subchapter V trustee shall file fee applications every six months or more frequently. Each application must be filed and noticed to creditors and other parties in interest within twenty-eight (28) days after the application period. Failure to comply with this deadline will result in the suspension of debtor’s authority to make interim payments to the subchapter V trustee until the court rules on the late-filed fee application. Fee applications must contain a detailed statement showing services performed by the subchapter V trustee, compensation received, and compensation previously approved.
(e) Electronic Reporting to the United States trustee. Unless the court orders otherwise, any professional or other entity seeking fees, compensation, or reimbursement of expenses exceeding $25,000 shall submit time and expense detail electronically to the United States trustee, in a format compatible with the United States trustee’s software. The submissions shall comply with the United States trustee fee guidelines. This requirement is not applicable to final fee applications that exceed $25,000 due only to previously approved interim fee applications.